tv Studio B With Shepard Smith FOX News May 4, 2010 3:00pm-4:00pm EDT
thanks for watching, i'm megyn kelly. "studio b" with shep starts now. >> the news begins anew on "studio b" and there are new details concerning the failed car bombing. the main suspect arrested, said to be cooperating with investigators according to eric holder who reports the suspect, faisal shahzad, militaries he tried to -- admits he tried to set off the bomb. the wall street reports the times square suspect admitted to taking the bomb to -- to taking bomb training in pakistan. we'll have much more in just a moment. first, we learned of the arrest overnight as he tried to leave the country on a flight to dubai. this is the picture of the suspect. born in pakistan. became a naturalized citizen last year and has been living in connecticut. becoming a naturalized citizen is no easy task.
these are investigators searching his home in bridgeport, connecticut. a bedroom community. there's word there may have been up to ten arrest in pakistan in connection to this. we cannot confirm that but more than an hour ago attorney general eric holder revealed the suspect is talking. >> the investigation is ongoing and i don't want to reveal the information other than he's been talking to us and providing useful information. >> shepard: what is he talking about? he admitted to buying the truck and there are reports he admitted to parking in times square, packed with explosives. cathrine herridge has more, first, david lee miller. >> is the expected faisal shahzad will appear in federal court but that's going to be later. we've been told this afternoon
he would appear but the courts don't have charges on file and nothing on the docket. the reporters are here, the judge is here and beefed up security. we expect an appearance, if not today, sometime tomorrow. one reason for the delay could be the fact that he's talking to investigates. one of the things that came up in the news conference was the fact he began speaking before he received his miranda rights. investigators used the public safety exception rule but when they realized there was no threat to the public he was mirandized and he continued to talk. during his trips to pakistan he received training on constructing bombs. also there's speculation he's not acting alone. he told investigators it was a lone wolf operation but what we're hearing from overseas points to another destruction.
we learned that a great deal of recognition is given to the border patrol agents for nabbing him. he was in the seat of a aircraft headed to dubai. the plane moments away from takeoff. no one knows what was going through his mind but his seat in upright, thinking about what meal he was going to order. at the last moment the plane was returned to jfk, passengers were deplaned and he was taken into custody by the border patrol agents. it took 53 hours and 20 minutes from the time the car bomb was spotted to his arrest. a record amount of time. the police commissioner likened it the show 24 hours. everyone deserves a pat on the back but new yorkers and others in law enforcement must remain
vigilant. >> david lee miller, thank you. the times square terror suspect recently returned from a five month stay in pakistan. that's according to the u.s. officials. that raises speculation that faisal shahzad may have been in contact with al qaeda or taliban groups. no one knows. there are reports the suspect spent time in karachi and visited the northwestern city of peshawar. that is gateway for tribal areas, especially for foreigners who want to go where militants hang out. cathrine herridge has been uncovering new developments. we heard of arrests in pakistan with connections to this case. >> shep, today pakistani sources confirm there had been at least one arrest so far in connection with the bombing. a young man, late 20s, early
30s, arrested because he met with faisal shahzad in the summer of 2009. when i spoke to domestic intelligence he said the time frame was consistent with shahzad's travel to pakistan. in addition we were told to expect more arrests. the current no, number is as mas ten could be under arrest in pakistan. for contexts the pay the pakistani intelligence service works is they cast a wide net so you can not conclude that many people may be connected. >> shepard: we talk about foreign groups here. there are specific foreign groups at which the fed are looking? >> i was told been an investigative source shahzad is well-known in the county just outside of karachi. that's important because this particular part of pakistan is sort of a cesspool for bad guys,
a crossroads of groups, one group wants to separate kashmir from india and a group that was responsible for the attack in mumbai, india and recruited american david headily to do surveillance for for them. finally, a former senior intelligence official says information is pointing toward the hakani network. they're a afghan, pakistan group with strong ties to the taliban. >> i want to get into a point from the news conference that is significant, if not the most significant here. feds explained what happened. there were a group of explosive materials in the back of this suv. the idea, according to authorities, was that the m88 fire crackers would go off and
ignite the gasoline. the gasoline would ignite the propane and we would have a fireball. instead, what happened, according to authorities, the m88's went off, that's what the guest described, the vendor who notified police. the m88's went off and stop. the smoke came out, the event was over. the bomb failed. that is the assessment of law enforcement. today eric holder says this. >> the suv was noted by an alert bystander who reported it to authorities. he helped save lives and thwarted a potentially devastating attack. >> that's not true according to the facts by the feds. the bomb was not thwarted, it failed. >> well, the facts are that it was a crude device and that that device failed. the detonator is one of the most
difficult elements of a device to put together and we saw something similar in the attempted bombing christmas day. hakimullahthe bomb did not go oe the syringe detonator was not effective. >> the feds said to us the device failed and then they want to say it was thwarted. i think think of a lot of reasons for that, next time something happens they can say we thwarted christmas day and times square but that's not the case. part of our job is not to allow revisionist history to take over. we have asked the department of justice about this and hope for a response. >> it's important when they have public events, they want to give credit to those who stepped up to the plate. in this case, even though the
event was over. >> shepard: unquestionably. you want to encourage people to report things. everyone involved did the right thing. they saw something, they said something. but the truth is, once the thing went pop, pop, pop and the smoke went out. if it worked, it would have worked then and it would have gone boom. instead there was a reporting of an event that failed. what we have had is what appears to be a spectacular investigation and capture of a suspect quickly. it may matter as this administration and others make their case, an explanation of what happened. you can't have two sets of facts. >> there's only one. >> shepard: all right, there's only that one. kim, what did you say? >> we have an email that just came from the department of justice and i should get this in. mike levine is our department of justice producer who i asked about this. they got back on this very quickly. d.o.j. officials say the
attorney general was emphasizing the -- cue that up again. i'm going to read this. the attorney general was emphasizing the importance of every american being alert and informing authorities. because of the action by a bystanders and authorities, 48 hours a suspected terrorist is off the streets. no question but listen again. >> the suv in times square was first noted by an alert bystander who reported it to authorities by being aware of his surroundings and by thinking quickly, he helped save lives and thwarted a potentially devastating attack. >> the facts are not with him on that. the fact is, the bomb failed. after the failure of the bomb, police were notified. why does this matter? the suspect is in custody. he tried to below us up and he failed. future truth is he failed. it was not thwarted and stopped. he was put on terror watch list.
he entered a plane and while the plane was on the tarmac, waiting to take off, the plane was stopped. that's not to say is he -- they didn't have eight hours -- they could have turned it around or arrested him when he its the ground. but once he got to pakistan, it's a different story. they did catch him but his work failed. it was not thwarted. >> what about the possible pakistani link? we're getting reports around 10 people may be in custody. does that mean they're related? we don't know. we'll get the latest live from pakistan as fox news is on the scene. continuing coverage of floods in the deep south, the water is receding and we read with great concern authorities in middle tennessee are concerned when waters go down, they'll find more victims. will rescuers get help from
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recent five month trip to pakistan. according to a senior u.s. official, familiar with the matter, as reported by the "wall street journal." faisal shahzad received training in waziristan. south waziristan is the site of continuing pakistani military offensive. north waziristan is a locust of the central intelligence agency campaign. >> he went to waziristan, according to the "wall street journal" torques receive bomb making training. something went wrong with that. five months of bomb making training brought him to where he couldn't make a bomb. there are certain things he needed to make the bomb and couldn't get. the system may have worked there. then it's possible we know what he tried to do was set off the bomb with m88's.
the fire crackers went off and he hoped that would set the gas on fire and set the propane tank on fire. ap reports, u.s. law enforcement officials say the times square bomb suspect trained in a terror camp in pakistan. the wall street reports it and the associated press is including it in its reporting and arthur aidala is joining us, defense attorney, former prosecutor, to talk to us about what we're going to do with this guy. the man in custody is in new york and there's word he admitted to buying the truck, building the device and driving the car to times square. there's a process that goes forward here and it's in motion. it begins the moment you take him into custody. in this case authorities say we did not read his miranda rights because of overriding concern about safety of the public.
ongoing event. appropriate? inappropriate? >> very appropriate. i think -- look, the brilliant minds are working on this case. the highest career prosecutors, career investigators. there was a decision made that was -- look, we have enough evidence against this guy without his statements. so we're going to achew his rights and gets information about how this happened, who he worked with and that out-- that's more important than a statement we can use against him in court. >> what miranda says is anything you say can and will be used against you in a court of law. once you've been advised of that, then whatever you say from that point forward, you can say nothing or everything. until your advised of that they can talk to you about anything but they can't use it against new court. what you're saying is what they did is perfectly fine, perfectly
legal, because of the overriding concern about an ongoing event and possibility of other things happening to the innocent. >> exactly. in a lesser case, it would end there but in this case, i suspect the prosecutors will argue to the judge they should be able to use these statements as well. it will be up to a judge will he allows them in. my prediction is they're not going to need the statements. >> that's the sort of thing which -- i mean is just beyond into the exclusion of most courts. a judge will not allow statements prior to a miranda but your point is they don't need them. >> they don't. this is what is odd -- >> shepard: i want to take you to the next question. >> i think they made the right balance. their balancing test was it's more important to find out what we can over what else is coming over statements used in the
trial. >> shepard: unless they settle. >> which they will. >> shepard: i can't say that, you can. unless and until then, write this down. there will be a complaint that he wasn't read his miranda rights. his miranda card and anything he says should not be included. second point, the law is you have to see a judge. once you're in custody by authorities, you are entitled to a presentation before the judge. they call them different things in different jurisdictionings. >> it's called a lot of things, presentation, arraignment. you have the tech -- the words are without unnecessary delay. so there's be a issue, he's been detained over 24 hours. he's going to be in custody and may not see a judge until tomorrow morning. that is not normal. you almost -- you always see a judge that particular day.
what they're claiming is he's waving his rights to this -- to his rights to see a judge without unnecessary delay. he's declaring it's okay. i know, i don't want to see a judge. the question is can an individual do that without lawyer? as far as we know he doesn't have a lawyer. >> shepard: he has been mirandized. >> he has. those statements are in evidence in front of a jury. >> shepard: what the judge would do is appoint a defender and he would say don't talk. they're holding off for obvious reasons, but it's a matter of how is judge will rule. if he shows up to a judge too late. >> if he shows up too late, then the guy's going to sit there all night tonight and he'll speak. quick, so people understand, how a lawyer gets appointed is a lottery. the judge says today's your day, you're the lawyer, good luck.
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>> shepard: we've been working on this new information that we're getting out of pakistan. again, the "wall street journal" and associated press both report that this suspect, faisal shahzad, received bomb making training in pakistan. let's say this: had this man's training gone well or had he been able to get the necessary materials in the united states to not only put the bomb together but make it blow up, we'd be reading the list of dead
people, among them the street surrender who reported this. he notified police after the bomb failed. had the bomb not failed, we would be reporting that. times square would be closed and the united states could be in a state in paralysis. we got lucky again. we've been working sources in pakistan. sid is live in pakistan. >> we're hearing pakistani security agencies took ten people into custody for questioning in connection with the times square bombing attempt. some were arrested in eastern pakistan. authorities are not saying hot potential suspects are but they were nabbed monday and tuesday. intelligence officials confirm a man was arrested in karachi for a close connection to shahzad. likely a friend.
he traveled with shahzad to the city of peshawar last year to hold meetings with a militant group. federal investigation agency, equal to the f.b.i., has been tasked to interrogate him. officials are quick to dismiss claims of his arrest but he may be an important piece of the puzzle behind shahzad's act. >> shepard: this wednesday morning live in pakistan. new york city police commissioner weighed in today from the news conference. they brought in all the players from the local jurisdiction and everywhere else around washington for a news conference at the justice department. since the attacks of 9/11, i can't remember anything like that. the police commissioner from new york, ray kelly, tried to put the speeded of the investigation into perspective. listen to this.
>> by my calculation, from the time faisal shahzad drove into and across broadway and parked that vehicle to when he was apprehended at the jfk airport it was 53 hours and 20 minutes. now, we know that jack bauer can do it in 24 minutes. but in the real world, 53 is a pretty good number. so i want to congratulate everyone to had a role in this very important investigation and really, the fact that it was done in record time. >> shepard: i'll say record time. think of how quickly this went down. they cleared out times square like that. within a matter of hours, they figured out where the car came from, who bought the car, that the car was bought with cash. the woman remembered details, they traced him on a phone call and figured out who he was. when they figured out who he was, they got him on a watch list. he ended up on a plane. they caught him on the plane,
pulled him off and he's faces justice. a man to tried to set off a bomb in times square and they stopped him in 54 hours, 20 minutes. continuing coverage. we'll piece together the evidence and possible motive with the former deputy of transnational threats at the white house, under president bush and president clinton. back to us, to break down the legal aspects, arthur aidala. the speed is obvious and incredibly, incredibly impressive. now we're into a legal bit. there's been a lot of talk on the air today about when you mirandize, how you get away with not miranda easing. the fact is, as far as this was going down, a man set off a destructive explosive device. once you get him, except for the fact there's an ongoing event, you wait.
now he's been mirandized and the process moves forward. >> probably what took place is he's told you're going to jail for the rest of your life. you're 30 years old. if you want a shot ant -- at getting out at 65, tell us what you know. you're not a loan wolf. not one guy puts this all together and they put all the pressure they can within the law to get him to talk about what else is going on and who else is involved. so they did the best they could and they did a fantastic job. >> it happened so fast. very good of you. the white house news briefing is about to begin. we see wendell goler in the center. we're waiting to hear more of an explanation from the white house about how this went town and how this moves forward. we're hoping to hear more about the potential people arrested in pakistan. as many as ten, but we can't
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york city. does this mean he's faced a judge? not necessarily but normally, charges are official when a judge proclaims them so. they have to go before an official of the law. i believe that this means he's probably seen a judge. can i swear to that? no, but history tells me what's what happened. the charges are official. that means he's probably seen a judge but i can't be sure. >> with us, the former director of the transnational threats at the white house national security council, lee wollowski. >> thank you. >> impressive? >> incredibly impressive operation led initially by the nypd, who saw this, reacted, sealed off times square. then --
>> shepard: impressive fashion. times square was emptied in a matter of time i don't know was possible. >> investigation moved to the combined federal and nypd operation, a tremendous amount of progress in short order and ended in drastic fashion at jfk. >> everyone who looks at the facts are impressed. another series of facts are important as americans. the christmas day bombing attempt was screwed up by the attempted bomber. we didn't stop it. this bombing attempt was screwed up by the attempted bomber. we didn't stop it. had they succeeded at their bowl. we would be in unthinkable crisis mode and we'd be running with no commercial breaks. it might tell us we figured out how to act, but a, there are a lot of people who want to do us
harm. >> absolutely, they're clearly not as coordinated through a central command and control system as they were prior to 9/11. al qaeda is disbursed, they're an idea, that radicalized individuals, around the world are in the united states, can cease on seize an to. >> so can a lone wolf to looks on line. one person -- i'm not saying this went down but well-informed people said before, this guy is one of the guys who wants to be a big deal. he went and got training. they didn't think much of him. he gets here and decides i'm going to show them. i'm going to set up a bomb and call them and tell them the bomb is coming. i'm going to get on a plane and say here i am. make me a big deal. people in the know, prior to the capture of this man, said was case without using his name.
now i've gotten from associated press and fox news shahzad admitted to receiving bomb making training in waziristan, pakistan. this is just read off court documents. we're in a new place. this man is a naturalized american citizen, born in pakistan. he went through the process of becoming american. no easy task. a lot of background check, especially if you're from pakistan. he left the united states and went to pakistan where he admits he received bomb making training. he got back to the united states, put together a bomb, bought a car and made it to times square with the flashers on and bomb in the back appear tried to set it off and failed. nothing caught him. >> this is another thing, domestic radicalization. this gentleman was a united states citizen, went from the states to pakistan then back.
>> we missed all that. >> najibullah zazi. the subway bomber. >> same thing. >> same thing. >> shepard: they were tailing him and told his emom and they told him. >> radicalized here, got his training there. this is the trend we need to look out for. this frankly is the trend that domestic law enforcement agencies like the nypd have been at the cusp of. understanding the process and how citizens of the you united states, residents of the united states are going abroad to get training and coming back to attempt attacks. >> shepard: does it concern you that this man, who was born in pakistan, went to the trouble to become a naturalized citizen, then was able to go get training for five months and come back. and then we've been told by federal authorities he was not put on a watch list until after they realized he bought this vehicle.
he went through that entire process without ending up on a watch list. does that concern you? >> , we do not know who he is. we don't know who he is or where he came from. there have been reports of a number of arrests in pakistan. we don't know who those people are or if they're people he's related to. we don't know if they're people presumed to have a role in the attempted attack. we don't know who this man is, where he came from and what his network looks like. >> shepard: i wonder if investigators are there. they may be. they may have been able to figure those out. they've been very fast. it's my hope we're hear about this coming. this white house news briefing is utmost importance. there's not as much activity in the room as normal. this briefing was originally scheduled for 2:50 eastern they be moved to 3:30 eastern
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>> shepard: 41 minutes past the hour, president obama praised street vendors and first responders for the handle are the times square bomb plot and the action of law enforcement who tracked down the suspect before he left aboard a flight to dubai. today before business leaders in d.c. the president commended new yorkers for resilience in the face of fear from the aim of those who tried to carry out these attacks force us to live in fear, amplifying the affects of their attacks. as americans, and as a nation, we will not be terrorized. >> as we reported earlier, the suspect in the failed attack is expected to be charged with an act of terrorism and using a weapon of mass destruction. i told you some of the charges and since i said that, shahzad
is charged with five counts, including attempting to use a weapon mass destruction. let's get to wendell goler in the briefing room. i'm curious about the delay and further, what was the president's involvement in the search here? >> the delay is not usual. they may be processing new information as you had some a short whiling a about action ins pakistan. the president was determined, aides say, to make sure relevant agencies had all resources they needed. he was kept apprized at every turn. a hour long briefing on his way to the gulf coast, more briefings yesterday from john brennan. he was told when authorities tracked down the original owner of the car and showed that person a picture of faisal shahzad, he was told shortly after midnight when shahzad was
taken off a plane. in a speech to the business council, the president made clear the government will find out people who might have helped shahzad. >> the american people can be assured the f.b.i. and their partners in this process have tools and experience they need to learn everything we can. that includes what, if any, connection this individual has to terrorist groups and collecting critical intelligence as we work to disrupt fewer attacks. >> the white house criticized after the christmas day bombing for how it treated the suspect, even though treating him as a criminal suspect they say lead his family to put pressure on him and got him to cooperate. >> an important briefing coming and we'll go back to it live. a story that would have been the top story on this network the past few days, except everything is so weird in the world.
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>> shepard: i mentioned the white house news briefing. you can see the correspondents and others made their way in the room. something i should clear up is speculating earlier about faisal shahzad and whether he faced a judge. we now -- i told you about the charges that have been filed. he is charged with five counts, he has not faced a judge. instead, this criminal complaint has just been filed in the u.s. district court in new york. once it was filed, it was available to reporters. once it was available to reporters, we read it and got the information to you. the suspect has not yet faced a judge. it's very much in question about whether he'll face a judge within the 24-hour usual time frame that things like that go
down or they'll delay it tomorrow, dotting more i-'s and crosses t's. that's a interesting judicial dance and we'll watch it. >> in what may -- would be the top story any other day. historic storms in dixie and today, fears from local officials who said today we fear when the waters go down, we'll find more victims who have perished in homes. the weather has not stopped after strong storms and flooding across three southeastern states killed at least at 29 people. the swollen cumberland river which snakes through kentucky and tennessee is receding after it crested yesterday 12 feet above flood stage. we're told the hardest hit areas are in middle tennessee. at least 18 people died there. nashville's historic downtown is
submerged. treasured landmarks, including the opry land hotel and the opera house itself under ten feet of water. at fox, our station in nashville has been flooded out of. their friends from memphis are helping with coverage. whbq fox 13 from memphis is picking up the slack, trying to help them. just returned from millington, tennessee, which is in west tennessee, 15 miles north of memphis, he's on the phone. >> good afternoon, that's right. we just returned from millington, tennessee, 15 miles north of downtown memphis. the bright spot today would be the fact that there's a high of 85 and the sun is shining. much of the water we've seen in the western portion of tennessee in the mid south is starting to recede. that, of course, is not the case
at some of the more major rivers, the mississippi river not included but wolf creek, they're expected to creek this afternoon into this evening. but up in millington, they're recovering from a major hit from this storm we experienced in the mid south over the weekend. and things are starting to show signs of hope, shep. >> shepard: that's good. the wolf river, louis hatchy and mississippi affect western tennessee. i know you're out of position but i wonder what your information is about downtown nashville and if the waters are receding there as well. >> great question. i used to work in nashville so i have a lot of close friend there. to my understanding, the water is coming down but only slightly. we've seen the video and the pictures. complete devastation. but the water is slowly, slowly coming down to fix this and to
>> shepard: breaking news, we've got worded white house news briefing, we got a 2 minute warning on the commercial break so we're a minute away. the two minute warnings hold firm. as i have mentioned, there have been two delays. it was scheduled to start an hour and four minutes ago, then 3:30. now 4:00 and about to start. we have big news in the last 30 minutes. the suspect admitted to prosecutors, as they described it, that he received bomb making instructions in pakistan.
we presume while he was on a five-month stay recently. the suspect in the times square failed bombing is -- was born pakistani, was born in pakistan and a pakistan citizen, naturalized as an american recently then took a pakistan and got bomb-making training. came back here, made the bomb. tried to make it go off in times square and 4 5 -- 54 hours, 20 minutes later they caught him. he went to pakistan to get bomb training and never became a red-flag guy. i'm sure there will be questions about whether they think that's okay that he never was red-flagged. though they were able to get him
on a plane, thanks to folks worthy of plane, he got on the plane and got on and they were moments away from losing him. they didn't and that's the good news. the question is, what else should have and could have been been done to find out he was in the process of this prior to the time he executed the attack. i'm curious if they'll continue to create revisionist history. it failed. it was not thwarted. if -- the facts indicate the bomb failed and then they noticed it and everybody was a hero and they emptied out times square and dismantled it and that was it. there are similar attempts during the christmas day day attempted bombing christmas day when -- i heard you the first time, rob. we'll be right back.
a few moments to cavuto. first, faisal shahzad a naturalized american citizen now charged according to court documents with terrorism and attempted use of weapons of mass destruction. the document has been filed and he admits he received bomb-making training in pakistan. the other big story, which developed through the day, the